ENERGYNORTH NATURAL GAS, INC.
v.
CERTAIN UNDERWRITERS AT LLOYD'S and another.
Supreme Court of New Hampshire.https://leagle.com/images/logo.png
Argued: May 9, 2007.
Opinion Issued: October 18, 2007.
Attorney(s) appearing for the Case
McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Bruce W. Felmly and another, on the brief, and Mr. Felmly orally), for the plaintiff.
Boutin & Altieri, P.L.L.C., of Londonderry (Edmund J. Boutin, on the brief), and Bates & Carey, L.L.P., of Chicago, IL (Mark G. Sheridan and David M. Alt, on the brief, and Mr. Sheridan orally), for defendant American ReInsurance Company.
Boutin & Altieri, P.L.L.C., of Londonderry (Edmund J. Boutin, on the brief), for Century Indemnity Company, as amicus curiae.
McNeill, Taylor & Gallo, P.A., of Dover (Stephen H. Roberts, on the brief), for Complex Insurance Claims Litigation Association, as amicus curiae.
Supreme Court of New Hampshire.
DUGGAN, J.
The United States District Court for the District of New Hampshire (Barbadoro, J.) certified the following questions of law, see Sup.Ct. R. 34:
1. When an insurance policy is triggered by the continuous migration of toxic waste that began before coverage commenced and continued after coverage ended, and the evidence will not permit a determination as to when specific property damage occurred, is the insurer jointly and severa[l]ly...
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